Property acquisition

Dilshad vp (Querist) 30 August 2016 This query is : Resolved
My father acquired a property about 25 years ago from three co-owners (by inheritance ) out of total eleven co-owners. However while making transfer deed only ten co-owners signed. The co-owner who didn't signed the document had run away (man missing) when he was a child (about 12 years old), and that is more than 50 years ago now.
While we trying to construct a house in this same property local authority not given the permit as one of the co-owner not signed transfer document. Construction work is still pending since 6 years.
Now how I can find a leagel solution for this?
Is it mandatory the signature of that missing co-owner?
How we can change transfer document right now?
What are the leagel procedure we have to take for solving this issue?

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Raj Kumar Makkad (Expert) 30 August 2016
You shall have to file a civil suit seeking declaration of the 11th person as legally dead. This suit shall be filed against general public and it is generally decided within a short period and thereafter his legal heirs can sign even right now your transfer deed and moreover administration cannot stop the construction on that ground as none has objected on behalf of missing person since last 50 years. Even otherwise you have attained ownership of that missing person by way of adverse possession wich is hostile and open to the true owner if he is in the world.